MISTRAL CORP SP. Z O.O. TERMS AND CONDITIONS
All information contained herein is subject to change without notice.
BUYERS PLACEMENT OF ORDER OF THE PRODUCT CONSTITUTES BUYER'S ACCEPTANCE OF THE TERMS HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY BUYER ARE HEREBY REJECTED IN THEIR ENTIRETY UNLESS EXPRESSLY ASSENTED TO IN WRITING BY SELLER'S AUTHORIZED AGENT.
LEAD TIMES
Lead time estimates are presented for items in the shopping cart. These lead times are not guaranteed and are subject to change. Some products are built to order and will take additional time to ship. You will receive notice of shipment and tracking information once the order ships.
Mistral corp sp. z o.o. will not expedite or compensate freight charges for orders with extended lead times.
ORDER ACCEPTANCE AND CONFIRMATION
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Mistral corp sp. z o.o. website reserves the right at any time after receipt of your order to accept or decline your order for any reason.
If we reject your order, we will attempt to notify you using the e-mail address you have provided with the order. We will process a refund if the charge has been made.
PRICING POLICY
Online pricing and selection may vary from Mistral corp sp. z o.o. authorized dealers. Pricing and offers are subject to change without notice.
SALES TAX
Mistral corp sp. z o.o. collects sales tax on all orders as required by law.
PAYMENT TERMS
Payment for orders will be processed through several major credit cards and PayPal. No other form of payment will be accepted.
DAMAGED SHIPMENTS / SHORTAGES
All Mistral corp sp. z o.o. shipments are F.O.B. our factory. Title passes from Mistral corp sp. z o.o. to the purchaser at the time of shipment. Carton shortages and damages must be claimed against the carrier at the time of delivery. To expedite processing of claims against the carriers, the customer must note damages on the bill of lading at the time of delivery, and promptly request an inspection by the carrier or its claims agent. If a shortage is found within the shipment it must be reported to Mistral corp sp. z o.o. in writing within five (5) business days of receipt of shipment. Claims should refer to the order number, invoice number, date of invoice, date of shipment, part number, description and carton count.
Contact Customer Service at [email protected] / +48 731 898 898
REFUSED PACKAGES
A 20% restocking fee and all shipping costs are charged to the ordering party if a package is refused.
Returns of new (re-sellable) products are refundable within 30 days of receipt of product and must be accompanied by original purchase order or invoice number. All returns require notification of the return in the form of a Return Merchandise Authorization (RMA#) prior to shipment. To request an RMA number, email [email protected] with your order details.
Mistral corp sp. z o.o. reserves the right to charge a 20% restocking fee on all returns past 30 days. All shipping charges are the responsibility of the customer. All returns after 30 days will result in a Mistral corp sp. z o.o. credit to be applied to future orders. Mistral corp sp. z o.o. reserves the right to deny credit for any items damaged by the customer.
Mistral corp sp. z o.o. warrants that the products will be free from defects in material and workmanship for two years from date of sale to the original purchaser. Mistral corp sp. z o.o. makes no other warranty of any kind, express or implied. Mistral corp sp. z o.o. shall have no obligation under the foregoing warranty where the defect is the result of improper or abnormal use, your negligence, vehicle accident, improper or incorrect installation or maintenance, nor when the product has been repaired or altered in any way. Mistral corp sp. z o.o.’s liability in the case of defective products subject to the foregoing warranty shall be limited to the repair or replacement, at Mistral corp sp. z o.o. option, of the defective products. Consequential or incidental damages are not recoverable under this warranty.
- Mistral corp sp. z o.o., in its sole discretion, shall determine whether or not any Eligible Product is defective or otherwise covered by this warranty.
- If the Eligible Product fails to perform properly due to defective materials or workmanship, Mistral corp sp. z o.o. will at its option either (i) repair the Eligible Product without charge, or (ii) replace the Eligible Product. If the Eligible Product is no longer available, Mistral corp sp. z o.o. will replace the Eligible Product with an equivalent product. No refunds will be provided.
- The warranty provided by Mistral corp sp. z o.o. does NOT apply if the Eligible Product fails to perform:
- due to cosmetic wear and tear from normal use;
- due to improper or abnormal use, abuse, neglect, negligence, vehicle accident, insufficient travel, improper or incorrect installation or maintenance; or
- when the Eligible Product has been repaired, replaced, substituted or altered in any way, or if used with parts other than genuine parts of Mistral corp sp. z o.o..
- Mistral corp sp. z o.o. is not responsible for installation or removal labor, or for any other repair charges associated with the Eligible Product.
- Customer pays shipping to Mistral corp sp. z o.o. for final determination on eligibility. Any repaired or replaced Eligible Product will be returned to customer excluding freight cost.
- Mistral corp sp. z o.o. shall not be liable for the loss of use of the Eligible Product, loss of time, inconvenience, commercial loss or any other indirect, consequential, special or incidental damages due to breach of the above limited lifetime warranty. Mistral corp sp. z o.o. makes no warranties of any kind, express or implied, other than as herein expressly provided, and specifically disclaims the implied warranties of merchantability and fitness for a particular purpose. Notwithstanding anything set forth herein to the contrary, Mistral corp sp. z o.o.’s liability hereunder shall be limited to the purchase price of the Eligible Product.
In order to be eligible for service under this warranty, you must return the defective part to Mistral corp sp. z o.o. together with a RMA. number issued from Mistral corp sp. z o.o.. Tag each item with the part number and the specific explanation of defect. We will inspect the part and determine: a) if it is eligible for repair or replacement; and, b) if so, whether to repair or replace it.
THE BUYER UNDERSTANDS AND EXPRESSLY RECOGNIZES that racing parts, specialized street rod equipment, rod end bearings, and ALL parts and services sold by Mistral corp sp. z o.o. are exposed to many and varied conditions due to the manner in which they are installed and used. BUYER ACKNOWLEDGES that Mistral corp sp. z o.o. does not have full knowledge of the intended use of the goods, and BUYER WILL DEFEND AND INDEMIFY Mistral corp sp. z o.o. upon demand against all claims, actions, liability, loss and expense (including investigating expense and attorney fees incurred in litigation or because of threatened litigation) for any loss, damage or injury, either to a person or to property, resulting from the direct or indirect use of any products or inability by the buyer to determine proper use or application of products. With the exception of the limited liability warranty set forth above, Mistral corp sp. z o.o. SHALL NOT BE LIABLE FOR ANY CLAIMS, DEMANDS, INJURIES, DAMAGES, ACTIONS, OR CAUSES OF ACTION WHATSOEVER TO BUYER ARISING OUT OF OR CONNECTED WITH THE USE OF ANY OUR PRODUCTS. MOTORSPORTS ARE DANGEROUS; AS SUCH, NO WARRANTY OR REPRESENTATION IS MADE AS TO THE PRODUCT'S ABILITY TO PROTECT THE USER FROM INJURY OR DEATH. THE USER ASSUMES THAT RISK.